| Expressions |
Domain |
Definition |
| Ad damnum |
Law |
AD DAMNUM, pleading. To the damage. In all personal and mixed actions, with the exception of actions of debt qui tam, where the plaintiff has sustained no damages, the declaration concludes ad damnum. Archb. Civ. Pl. 169. (references) |
| Damnum absque injuria |
Law |
DAMNUM ABSQUE INJURIA. 1. A loss or damage without injury. 2. There are cases when the act of one man may cause a damage or loss to another, and for which the latter has no remedy; he is then said to have received damnum absque injuria; as, for example, if a man should set up a school in the neighborhood of another school, and, by that means, deprive the former of its patronage; or if a man should build a mill along side of another, and consequently reduce his custom. 9 Pick. 59, 528. 3. Another instance may be given of the case where a man using proper care and diligence, while excavating for a foundation, injures the adjoining house, owing to the unsuitable materials used in such house; here the injury is damnum absque injuria. 4. When a man slanders another by publishing the truth, the person slandered is said to have sustained loss without injury. Bac. Ab. Actions on the Case, C Dane's Ab. Index, h.t. (references) |
| Damnum fatale |
Insurance |
Damage caused by a accidental event or an inevitable accident; there may be no liability on the part of a person such as a bailer, because there is no negligence. Source: European Union. (references) |
| Damnum fatale |
Law |
DAMNUM FATALE, civil law. 1. Damages caused by a fortuitous event, or inevitable accident; damages arising from the act of God. Among these were included losses by shipwreck, lightning, or other casualty; also losses by pirates or by vis major, by fire, robbery, and burglary; but theft was not numbered among these casualties. 2. In general, bailees are not liable for such damages. Story, Bailm. p. 471. (references) |
| Damnum Infectum |
Antiquities |
Damnum Infectum. A term used in Roman law to denote damage not actually done, but apprehended on account of the dangerous condition of neighbouring property. If proceedings were not taken before damage had been done, the injured party had no action for damages subsequently; if, e.g. a ruinous house (aedes ruinosae) fell and damaged a neighbour before a cautio had been demanded, all the right that the damaged person had was to retain the materials that had fallen on his land (Dig. 39, 2, 6. 7. 2. 8). Gaius states that a party who apprehended damage might have recourse to a legis actio in order to protect himself, but that the stipulatio damni infecti provided by the praetor in his edict for such cases was always sought as being the more convenient remedy (Gaius, iv. 31). (references) |
| Quod damnum |
Law |
QUOD DAMNUM, Eng. law. The name of a writ issuing out of and returnable into chancery, directed to the sheriff, commanding him to inquire by a jury 'What damage it will be to the king, or any other, to grant a liberty, fair, market, highway, or the like. (references) |
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Source: compiled by the editor from various references; see credits.
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